Eckstein et al v. Commissioner of Social Security, No. 2:2007cv00641 - Document 31 (M.D. Fla. 2009)

Court Description: OPINION AND ORDER adopting and incorporating 30 Report and Recommendations. The Decision of the Commissioner is reversed and remanded. See Opinion and Order for details. The Clerk shall enter judgment and close the file. Signed by Judge John E. Steele on 2/2/2009. (RKM)

Download PDF

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GERALDINE ECKSTEIN, Plaintiff, vs. Case No. 2:07-cv-641-FtM-29DNF COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #30), filed January 16, 2009, recommending that Commissioner be reversed and remanded. the Decision of the No objections have been filed and the time to do so has expired. The Court reviews the Commissioner s decision to determine if it is supported by substantial evidence and based upon proper legal standards. Crawford v. Comm r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004). Substantial evidence is more than a scintilla but less than a preponderance, and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion. Moore v. Barnhart, 405 F.3d 1206, 1211 (11th Cir. 2005); Crawford, 363 F.3d at 1158. Even if the evidence preponderates against the Commissioner s findings, the Court must affirm if the decision reached is supported by substantial evidence. Crawford, 363 F.3d at 1158-59. The Court does not decide facts anew, make credibility judgments, reweigh the evidence, or substitute its judgment for that of the Commissioner. Moore, 405 F.3d at 1211; Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005). The magistrate judge, district judge and appellate judges all apply the same legal standards to the review of the Commissioner s decision. Dyer, 395 F.3d at 1210; Shinn v. Comm r of Soc. Sec., 391 F.3d 1276, 1282 (11th Cir. 2004); Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004). with the After an independent review, the Court agrees findings and recommendations in the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #30) is hereby adopted and incorporated herein. 2. The Decision of the Commissioner is reversed and remanded pursuant to 42 U.S.C. § 405(g) to allow the Commissioner to reevaluate the extent of the Plaintiff s residual functional capacity and the medical opinions of record, to consider the combined effect of all impairments, limitations and to evaluate conduct the a extent of supplemental all Plaintiff s hearing to take additional evidence relevant to the plaintiff s impairments and make new findings consistent with this Opinion and Order and adopted Report and Recommendation. -2- 3. The Clerk shall enter judgment accordingly and close the file. DONE AND ORDERED at Fort Myers, Florida, this February, 2009. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3- 2nd day of

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.